Sleep apnea decisions — 2023

The Board denied the Veteran's claim for service connection for Sleep Apnea, finding that there is not medical nexus evidence establishing a connection between his current disability and any of his service-connected disabilities or to his herbicide or water contamination exposures. The Board also found no direct service connection due to lack of diagnosis in service.

The Veteran's hypertension is granted as secondary to his service-connected PTSD. The compensable rating for bilateral hearing loss disability and the service connection for sleep apnea are remanded. The claim for a separate disability other than PTSD with depression manifested by short-term memory loss is denied.

The Board has decided to remand the case for further medical evaluation and opinion regarding the cause of the Veteran's obstructive sleep apnea (OSA).

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's cervical and lumbar spine disabilities are secondary to his service-connected right tibia stress fracture. A new VA examination is needed to clarify these issues.

The Board has remanded the case due to inadequate examination opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected conditions, including hypertension, PTSD, ataxia (claimed as chronic pain), peripheral neuropathy and restless leg syndrome, bilateral lower extremities.

The Board has determined that additional development is needed to determine if the Veteran's obstructive sleep apnea (OSA) is related to service or secondary to his service-connected disabilities. The case is being remanded for further evaluation.

The Board has remanded the claims for an initial evaluation in excess of 50 percent for service-connected obstructive sleep apnea, a total disability rating based on individual unemployability prior to September 9, 2020, and Dependents' Educational Assistance (DEA) prior to September 9, 2020. The remand is due to the failure of VA to obtain relevant medical records from Vista imaging.

The Board has granted service connection for obstructive sleep apnea but has remanded the claim for a right eye disorder due to insufficient evidence.

The Board has remanded the case due to deficiencies in the VA medical opinion and other statutory and regulatory duties.

The Board denied service connection for various conditions, including bilateral hip condition, right ankle strain, lumbosacral strain, muscle injury of the left thigh and calf, and sciatica. The evidence did not support a finding that these conditions were related to active service or service-connected disabilities.,The Veteran's claims for service connection were denied as there was no current diagnosis or medical evidence linking her claimed conditions to her military service.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis is due to his military service and resolving all doubts in favor of the Veteran.

The Veteran withdrew his appeals for service connection for sleep apnea and kidney disease.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the aggravation prong of secondary service connection and direct service connection for obstructive sleep apnea (OSA).

The Veteran's claims for increased ratings for lumbosacral strain with degenerative arthritis and IVDS, as well as sciatic radiculopathy of the right and left lower extremities, were denied. The effective dates for service connection awards for sciatic radiculopathy of the right and left lower extremities are granted.

The Veteran's claims for service connection for an acquired psychiatric disorder, OSA secondary to an acquired psychiatric disorder, and entitlement to a TDIU have been granted. The claim for service connection has been remanded due to the need for another VA examination.

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The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection of PTSD, bilateral hearing loss, sleep apnea, and sinusitis. As such, these claims are being remanded for further development.

The Board dismissed the appeals for service connection and effective dates in the AMA system due to procedural defects. The issues remain pending in the legacy review system.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected back and knee disabilities, with obesity as an intermediate step.

The Board denied the Veteran's claims for service connection for sleep apnea, left knee quadricep tendon rupture with arthritis, right knee quadriceps tear, and right ankle arthritis due to secondary service-connected conditions. The evidence did not support a finding of direct service connection or aggravation.